Introduced in the House on January 8, 2013
Currently residing in the House Committee on Judiciary

Summary: Possession of a concealed weapon on school property

HISTORY OF LEGISLATIVE ACTIONS

Date Body Action Description with journal page number
-------------------------------------------------------------------------------
12/18/2012 House Prefiled
12/18/2012 House Referred to Committee on Judiciary
1/8/2013 House Introduced and read first time (House Journal-page 109)
1/8/2013 House Referred to Committee on Judiciary
(House Journal-page 109)
1/10/2013 House Member(s) request name added as sponsor: Nanney
1/22/2013 House Member(s) request name added as sponsor: Gagnon

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-490 SO AS TO PROVIDE A PUBLIC SCHOOL EMPLOYEE WHO HAS A CONCEALED WEAPONS PERMIT MAY POSSESS A FIREARM ON THE PREMISES OF HIS EMPLOYER SUBJECT TO CERTAIN REQUIREMENTS, AND TO PROVIDE RELATED DEFINITIONS; AND TO AMEND SECTION 16-23-420, AS AMENDED, RELATING TO POSSESSING A FIREARM ON SCHOOL PROPERTY, SO AS TO MAKE CONFORMING CHANGES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-490. (A) Subject to approval by the appropriate local school board, a public school employee who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 may possess a firearm on the premises of a school campus where he is employed, provided the employee:

(1) keeps the firearm on his person at all times while on the premises;

(2) keeps the weapon concealed when not in use;

(3) uses only frangible bullets in an effort to avoid ricochets;

(4) provides written notification of his intent to carry the firearm to the principal of the school where the weapon will be carried;

(5) successfully completes and biennially renews certification as a precision marksman by SLED; and

(6) has no history of violence or unmanaged anger documented by his employer.

(B) A school board may only deny an employee of his ability to carry a firearm on school property under this section upon a finding of just cause.

(C) An employee who violates a provision of this section may not be permitted to carry any firearm on public school property for five years from the date of the violation, and SLED shall revoke his concealed weapons permit and may not terminate this revocation or issue a new permit to him for a period of five years following the date of revocation.

(D) For the purposes of this section:

(1) 'Frangible bullet' means a bullet designed to disintegrate into tiny particles upon impact to minimize their penetration for reasons of range safety to limit environmental impact, or to limit the danger behind the intended target.

(2) 'Public school employee' means a person employed by a school district, as defined in Section 59-1-160, or a public institution of higher learning, as defined in Section 59-103-5."

SECTION 2. Section 16-23-420(A) of the 1976 Code, as last amended by Act 32 of 2009, is further amended to read:

"(A) It is unlawful for a person to possess a firearm of any kind on any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, other post-secondary institution, or in any publicly owned building, without the express permission of the authorities in charge of the premises or property except as provided in Section 59-1-490 for public school employees or as otherwise provided in this section. The provisions of this subsection related to any premises or property owned, operated, or controlled by a private or public school, college, university, technical college, or other post-secondary institution, do not apply to a person who is authorized to carry a concealed weapon pursuant to Article 4, Chapter 31, Title 23 when the weapon remains inside an attended or locked motor vehicle and is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle."

SECTION 3. This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on
Thursday, February 28, 2013 at 3:23 P.M.